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From the Ground Up

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Not So Fast! Oregon's New Negligent-Construction Statute of Limitations May Have Insurance Implications
Last Thursday, the Oregon Supreme Court issued its opinion in Goodwin v. Kingsmen Plastering, Inc., 359 Or 694 (2016), holding that the deadline to file a negligent construction-defect claim is two years from the time a plaintiff knew or should have...
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Portland Commissioner Saltzman Proposes New 1% Construction Excise Tax
Today Portland Commissioner Dan Saltzman, whose bureau assignments include the Portland Housing Bureau and the Bureau of Development Services, proposed a new excise tax on residential and commercial development equal to one percent of the total permi...
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New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims
The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner's claim against a builder for defective construction. In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began...
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If Your Company Uses Subcontracted Labor, the NLRB May Find You to Be a "Joint Employer"
A new decision by the National Labor Relations Board defining joint employers for the purposes of collective bargaining is a good reminder to employers and contractors to make certain that policies and contracts precisely define who and who is not an...
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Narrowing the Scope of Subcontractor Indemnity
Owners, developers, and general contractors, beware: the protection afforded by a subcontractor's responsibility to pay for lawsuits arising from its work (what is known as "indemnity") might not be as broad as originally thought. A recent Oregon Cou...
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